MEMORANDUM OF
AGREEMENT
between
BURLIINGTON NORTHERN
RAILROAD COMPANY
and the
BROTHERHOOD OF
LOCOMOTIVE ENGINEERS
It is
agreed:
Section 1
(a)
Engineer extra boards will be guaranteed according to the provisions of this
agreement set fort below. This agreement
is not intended to permit the establishment of combination road/yard extra
boards where such boards are not presently permitted. The Carrier shall
maintain a sufficient number of engineers to permit reasonable lay off
privileges and to protect the service including vacations and other extended
vacancies. Except as provided in paragraph (I) of this Section, the Carrier
will regulate the number a positions on the guaranteed extra boards established
pursuant to this agreement.
(b) Where
separate road and yard extra boards are maintained, if one extra board is
exhausted, it will be supplemented first with the other board.
(c)
Guaranteed extra boards under this agreement shall replace existing extra
boards. Engineers assigned thereon will be run first in, first-out, in
accordance with existing schedule agreements.
(d) An
engineer cannot be assigned to an extra board unless the engineer is qualified
to protect (and is not restricted from performing) all service that is
protected from that board.
(e) Payment
of the guarantee shall be made in the payroll period in which the guarantee was
incurred.
Guaranteed
road or combination road/yard extra boards will be increased by the appropriate
number of positions when average earnings of engineers manning the board exceed
$2925 in a payroll period. (Note: This
amount will be adjusted according to subsequent general wage increases.)
Section 2
(a) An
engineer working on a road and/or yard extra board will be provided a payroll
period compensation guarantee or a prorated portion thereof based on the number
of days on the board.
(b) Engineers assigned to or reduced from the
extra board, regardless of the time of day, shall utilize that calendar day in
the computation of the amount of the engineer's payroll period compensation
guarantee. Engineers selecting seniority placement to or from an extra board in
conformity with existing rules, will count only those full calendar days,
(12:01 AM - 11:59 PM), the engineer was listed on the extra board in computing thc amount of the engineer's payroll period compensation
guarantee. The amount of the engineer's payroll period compensation guarantee
may be prorated or reduced on the basis of 1/13, 1/14, 1/15, or 1/16 (depending
on the number of days in the payroll period) for each 24-hour period or portion
thereof when an engineer lays off or is otherwise unavailable for service.
As an
example, an engineer holding a regular assignment, (15 day pay period), is
displaced on the 11th day of the payroll period and forced to the extra board.
That engineer would be entitled to the earnings of the regular assignment for
the first ten (10) days of the payroll period, in addition to 5/15 of the
applicable guarantee.
(c) The
payroll period compensation guarantee, subject to proration as described above,
shall be:
(i) On yard extra boards, protecting yard service only,
$1,508.00 in addition to any holiday pay.
(ii) On
road extra boards, protecting road service only, $2,211.00.
(iii) On
combination extra boards protecting both road and yard service, $2,211.00.
Note: The
guarantees set forth above will be adjusted in accordance with subsequent
general wage increases.)
(d) If an
employee's payroll period compensation guarantee computed pursuant to the
provisions of this agreement exceeds the employee's actual compensation for
that payroll period (including benefits payable under any federal or gate
unemployment Insurance program), the employee shall be paid the difference.
Special allowances for working with a reduced train or yard crew, premium pay
(in excess of pay for regular service) for training engineer trainees, penalty
payments and payments for attending operating rules classes, training classes,
physical examinations and holidays shall be paid in addition to the guarantee
amount.
Section 3
There shall
be no duplication or pyramiding of benefits to any employees under this
agreement and/or other agreements or rules.
This
agreement is effective May 1, 1994, and will continue in effect until' changed
in accordance with the provisions of the Railway Labor Act, as amended.
Signed this
4th day of April, 1994, at
(Signatures
not reproduced)
Questions
and Answers:
1 Q. Does
this agreement eliminate or modify existing agreements dealing with the
operation of extra boards?
A. The
purpose of this agreement is to provide for guaranteed extra boards. All existing agreement provisions dealing
with extra board guarantees are superseded by this agreement. Provisions dealing with the operation of
extra boards are not changed unless they are in conflict with the provisions of
this agreement.
2 Q. An engineer on a guaranteed extra board lays
off with permission at 1100 AM on Monday, and reports back for service at 1:00
PM on Tuesday. There are 15 days in the
payroll period. How will the engineer's
guarantee be adjusted?
A. Assuming
the engineer was assigned to the extra board for the entire payroll period, the
engineer's guarantee would be reduced by 2/15ths. Therefor,
the engineer's guarantee for that payroll period would be 13/15ths of the
regular guarantee.
3 Q. An engineer on a guaranteed extra board lays
off with permission at 11:00 AM on Monday, ad reports back for service at 9:00
AM on Tuesday. There are 15 days in the
payroll period. How will the engineer’s guarantee be adjusted?
A.
Assuming- the engineer was assigned to the extra board for the entire payroll
period, the engineer's guarantee would be reduced by 1/15th. Therefore, the
engineer's guarantee for that payroll period would be 14/15ths of the regular guarantee.
4 Q. Are the guarantees provided in this agreement
adjusted by the entry rate provisions?
A. This
agreement does not modify the entry rate provisions. Engineers who arc still
subject to the entry rates provisions will continue to have their guarantees
adjusted according to those provisions.
5 Q. Will the Carrier adjust the extra boards on a
regular basis?
A.
Normally, the Carrier will adjust an extra board no more than once each week,
and those adjustments will be made on or about a regularly established time and
day of the week each board. However, the
Carrier is not prohibited from adjusting a particular extra board or boards at
other times in response to unusual circumstances. In such cases, the local chairman will be
advised as soon as possible of the reason for such adjustments.
6 Q. Are earnings of an engineer for service
performed on a holiday included in calculating any guarantee due engineer in
that payroll period?
A.
Yes. The words "holiday pay"
in Section 2(c)(I) and the word "holidays" in the last sentence of
Section 2(d) is a reference to the basic day's pay provided 6r in the National
Paid Holiday Agreement, and is not referring to pay an employee receives for
actually performing service on a holiday.
7 Q. In the example under Section 2(b), an
engineer forced to the extra board on the 11th day of a 15 day payroll period
is entitled to a prorated guarantee of 5/15ths.
If the engineer in the example was assigned to the extra board because
there were no junior engineers at the location or the only junior engineers
were already assigned to the extra board, would the example still apply?
A. Yes.
8 Q. Does this agreement allow the Carrier to
establish separate road and yard where the Carrier did not have the right to
establish separate road and yard before the agreement?
A. No.
9 Q. After an engineer works his regular
assignment as a yard engineer on Tuesday, the engineer is displaced and then
force assigned to a guaranteed extra board. Will the earnings of the engineer for
working the regular assignment as an engineer be applied against the engineer's
extra board guarantee?
A. No.
Only earnings of an engineer while assigned to the extra board are
applied to the extra board guarantee.
This is in
reference to the April 4, 1994, system extra board agreement. It has come to
our attention that the Springfield Payroll Input Center (IC) is misinterpreting
the payroll period compensation guarantee provisions contained in the
agreement.
To best
explain this misinterpretation, the following example is provided: Engineer
Jones is forced assigned to the extra board on April 1, 1995. He remains
assigned and is available every day, including April 15. On the 15th, Engineer
Jones is removed from the extra board at 12:01 P.M. in a forced reduction.
Engineer Jones, because he now has displacement rights, elects to place on yard
assignment 301 with a reporting time of 10:30 P.M. Engineer Jones, being fully
rested and being the regular assigned engineer, works his regular yard assignment
on the 15th. When Engineer Jones receives his payroll check for the first-half
April, he sees that the PlC has used the earnings he
made on the 15th for yard assignment 301 in computing his payroll period
compensation guarantee for the time (15 calendar days) he was assigned to the
extra board.
It is our
opinion that the earnings of Engineer Jones for working his regular assignment
-301 on the 15th - would not be used in computing his compensation guarantee
for the first-half April. This opinion is based on discussions which took place
during negotiation of the 1994 extra board agreement and on Q&A No.9
attached to the final agreement, the intent of which was to clarify the
parties' understanding of what earnings were to be used when calculating an engineer's
compensation guarantee. Q&A No.9 states:
Q After an
engineer works his regular assignment as a yard engineer on Tuesday, the
engineer is displaced and then force assigned to a guaranteed extra board. Will the earnings of the engineer for working
the regular assignment as an engineer be applied against the engineer's
guarantee?
A No. Only
earnings of an engineer while assigned to the extra board are applied to the
extra board guarantee.
It is also
our opinion that Engineer Jones' compensation guarantee for the first-half
April should be for 15 days. This is based upon the express language contained
in Section 2, paragraph (b) of the 1994 agreement: "Engineers assigned to
or reduced from the extra board, regardless of the time of day, shall utilize
that calendar day in computation of the amount of the engineer's payroll period
compensation guarantee. Since, in the example above, Engineer Jones
was forced assigned t6 the extra board on the 1St and forcibly removed on the
15th, he is entitled to the fill guarantee for the payroll period, less any
computable earnings made while he was assigned and listed on the extra board.
If you
concur that the opinions expressed above are correct, please sign and promptly
return a duplicate copy of this letter to each of the undersigned.
(Signatures
not reproduced)
Please
refer to your letter dated April 20, 1995, wherein you pose a question
concerning offset used by the
Is this a
valid offset under provisions of April 4, 1994 Agreement?
The answer
is no. The only earnings that can be used to offset guarantee are earnings made
while assigned to the extra board, consistent with Q & A Number 9, of the
agreement. In this instance he is entitled to 15 days guarantee, less any
earnings made while actually assigned to the board.
(Signatures
not reproduced)